Court of Appeal dismisses Indira Gandhi’s RM100m suit despite flagging police shortcomings
The Malaysian Court of Appeal dismissed Indira Gandhi's RM100 million lawsuit against the police and government regarding their failure to locate her daughter. While the court acknowledged deficiencies in police records, it ruled that these administrative failures did not directly cause the loss of the child.
Why it matters
The ruling clarifies the legal threshold for holding state authorities liable for administrative negligence in missing persons cases.
PUTRAJAYA, Aug 24 — The Court of Appeal today dismissed Hindu mother M. Indira Gandhi’s appeal to reinstate her RM100 million lawsuit against the police and the Malaysian government over their failure to track down her youngest daughter, Prasana Diksa.
While dismissing the appeal, a three-member bench chaired by Datuk Mohamed Zaini Mazlan highlighted material deficiencies in police records concerning efforts to execute an arrest warrant against her fugitive former husband, K. Pathmanathan, also known as Muhammad Riduan Abdullah, NST reported.
Datuk Faizah Jamaludin and Datuk Mohd Radzi Abdul Hamid also sat on the bench.
Delivering the unanimous decision, Faizah ruled that the available evidence failed to establish that any specific police omission directly prevented Pathmanathan’s arrest or the recovery of Prasana.
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